Impeachment DOA? McConnell Nixes Emergency Session, Former Federal Judge: No 'Constitutional Authority' to Impeach Trump After He Leaves Office

Nicholas Kamm/Pool via AP

A week to the day after Trump supporters stormed the U.S. Capitol, Donald Trump on Wednesday became the first president in American history to be impeached twice.

Other than that historical fact, Nancy Pelosi’s vendetta-driven second impeachment charade of President Trump was virtually DOA the moment the final vote was cast.

As reported late Wednesday afternoon, Senate Majority Leader Mitch McConnell has rejected a plan to reconvene the Senate in an emergency session to hold a trial over the House’s impeachment article, despite earlier incorrect reports by some that McConnell saw impeachment as an opportunity to “purge” Trump from the Republican Party.

McConnell said in a statement:

“Given the rules, procedures, and Senate precedents that govern presidential impeachment trials, there is simply no chance that a fair or serious trial could conclude before President-elect Biden is sworn in next week.

“Even if the Senate process were to begin this week and move promptly, no final verdict would be reached until after President Trump had left office. This is not a decision I am making; it is a fact.

“The President-elect himself stated last week that his inauguration on January 20 is ‘quickest’ path” for any change in the occupant of the presidency.”

“In light of this reality,” McConnell said, “I believe it will best serve our nation if Congress and the executive branch spend the next seven days completely focused on facilitating a safe inauguration and an orderly transfer of power to the incoming Biden administration.”

So that’s that. But there’s more.

In a Wall Street Journal op-ed on Tuesday, former U.S. Court of Appeals Judge J. Michael Luttig, who also worked in the Reagan and G.W. Bush administrations, suggested that the notion of the Senate holding an impeachment trial after Trump leaves office amounts to little more than political theater, arguing that impeaching a former president would be unconstitutional.

Luttig wrote, in part:

“It appears that even if the House of Representatives impeaches President Trump this week, the Senate trial on that impeachment will not begin until after Trump has left office and President-Elect Biden has become president on Jan. 20. That Senate trial would be unconstitutional.

[…]

“The sequencing of the House impeachment proceedings before Trump’s departure from office and the inauguration of the new president, followed by a Senate impeachment trial […] raises the question of whether a former president can be impeached after he leaves office.

“The Constitution itself answers this question clearly: No, he cannot be. Once Trump’s term ends on Jan. 20, Congress loses its constitutional authority to continue impeachment proceedings against him — even if the House has already approved articles of impeachment.”

Let’s assume Luttig is right. Democrats and Republicans who continue to suggest — as did Mitch McConnell — that the Senate could, in theory, hold an impeachment trial of former-President Trump would be wrong in their assumption.

Nancy, Chucky, and the entirety of the Democrat Party would no doubt be crestfallen. As those of us who pay attention to such things are aware, an impeachment conviction would preclude Trump from seeking the presidency in the future — which Luttig addressed.

“Therefore, if the House of Representatives were to impeach the president before he leaves office, the Senate could not thereafter convict the former president and disqualify him under the Constitution from future public office.”

Bummer, Nancy, and Chucky.

Harvard Law professor emeritus and lifelong Democrat Alan Dershowitz agrees with Luttig, as he told Fox Business host Maria Bartiromo.

“The case cannot come for trial in the Senate because the Senate has rules, and the rules would not allow the case to come to trial until – according to the majority leader – until 1 p.m. on Jan. 20, an hour after President Trump leaves office.

“And the Constitution specifically says, ‘The President shall be removed from office upon impeachment.’ It doesn’t say the former president. Congress has no power to impeach or try a private citizen, whether it be a private citizen named Donald Trump or named Barack Obama, or anyone else.

“he jurisdiction is limited to a sitting president, and so there won’t be a trial.”

Sounds to me like that seals the deal, Nancy. Again, bummer.

The bottom line.

As was the case with the Farcical Impeachment Charade 1.0, Nancy Pelosi knows Trump will not be convicted by the Senate as part of 2.0. Perhaps for a different reason than in 1.0, but he will not be convicted just the same.

But knowing BOTOX Nan and her bitterness towards the Devil’s spawn — AKA: Donald Trump — she’s no doubt pleased as a witch’s brew with herself for historically hanging Impeachment Charade 2.0 around Trump’s neck for all eternity.

Stage IV Trump Derangement Syndrome will do that kinda thing to a “normal” human being. Just imagine what goes on inside Nancy Pelosi’s vacuous head.